Man gets 16 years for barroom slaying

By Sara K. Smith :
May 31, 2012
: Updated: May 31, 2012 11:13pm

Murder convict Jessie Gutierrez stands between his two defense attorneys, Kristen Belcher (left) and Jeff Mulliner (right) as a cousin of stabbing victim Jose Luis Mares tells Gutierrez she hopes he admits to his crime.

Photo By Craig Kapitan, San Antonio Express-News

Murder convict Jessie Gutierrez, 30, looks back at crying family members Tuesday, May 29, 2012, after state District Judge Lori Valenzuela reads the jury's verdict. The punishment phase of his trial begins Wednesday.

Photo By Courtesy photo

Jessie Gutierrez

Jurors sentenced a San Antonio-area Red Robin employee to 16 years in prison Thursday for fatally stabbing a former St. Mary's University student and father of two in the heart during a barroom fight four years ago.

Attorneys for Gutierrez, 30, asked jurors during closing arguments to consider that he hasn't had any previous criminal allegations and helps support his three children and his mother, who has breast cancer.

“If you spent time with Jessie Gutierrez, enough time with Jessie Gutierrez, you would love this man, you would admire this man,” said defense attorney Jeff Mulliner.

Gutierrez was convicted earlier this week of fatally stabbing Jose Luis Mares, 22, during a 2008 fight that broke out for unknown reasons at the Madison Avenue pub on Babcock Road. Gutierrez could have received life in prison.

Prosecutors had sought 50-60 years in prison, which Assistant District Attorney Miguel Najera said equated to the time Mares likely would have lived.

“He died on the floor of a bar with no family around him,” Najera said. Jurors in the 437th state District Court deliberated for about 5½ hours to reach the punishment verdict. Gutierrez listened to the verdict stoically, only turning to look at his family once.

Outside the courtroom, Mares' aunt Letty Torres called Gutierrez a “coward” and said the family had been hoping for a much longer prison sentence.

“He's a monster, because if we were to be in his shoes, we would be the first to apologize,” she said.

Mares' family testified Wednesday that he had attended St. Mary's University briefly on a baseball scholarship, dropping out to help care for his daughter.

“No one's been able to move on,” said Tina Mares, the victim's older sister.

Gutierrez wept when his mother and father testified on his behalf.

“My son is a very good son,” said mother Olga Gutierrez.

Several of Gutierrez's co-workers at the Red Robin near Loop 1604 and Interstate 35 in Selma also testified, saying he's been a reliable employee and friend.

“He's never put me in a position to question his honor and integrity,” said Gutierrez's manager, Delfino Salinas. “I find it very difficult to believe what he's been convicted of is true.”

Prosecutors showed photos of Mares with his daughter during closing arguments and noted that Gutierrez has been able to see his children for the past four years.

“What about Joe?” Najera said. “He didn't have the chance to say good-bye.”